Hussein Zainulabdeen

Europe Can Prosecute ISIS — And It Should: The Case for Universal Jurisdiction While Iraq's judiciary struggles with the scale and complexity of ISIS crimes, European courts have a legal tool that could change the equation: universal jurisdiction. Under this principle, courts in Germany, France, Sweden, and other EU states can try individuals for crimes against humanity and genocide — regardless of where the crimes occurred. The question is no longer whether they can. It is whether they will. What Is Universal Jurisdiction? Universal jurisdiction is a principle of international law that allows national courts to prosecute individuals for the most serious crimes — genocide, crimes against humanity, war crimes, and torture — regardless of where the crime occurred, the nationality of the perpetrator, or the nationality of the victim. The principle rests on a simple but powerful idea: some crimes are so grave that they offend all of humanity. When the state where the cr...

UNITAD Is Closing: Who Protects the Witnesses Now? By Hussein Zainulabdeen | Independent Researcher — Iraqi Minority Rights | husseinmonitor.com On September 17, 2024, the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da'esh (UNITAD) will close its doors. Seven years of work. Thousands of pieces of evidence. Hundreds of witness testimonies. Sixty-eight mass grave sites excavated. And not a single case of international crimes adjudicated in Iraq. Not one. The closure of UNITAD is the end of something important. But what concerns the people who gave testimony — the Yazidi survivors, the Turkmen witnesses, the families of the massacred — is not the institution. It is the question that comes after it: who protects them now? Why UNITAD Is Closing The answer is both simple and revealing. In September 2023, Iraq requested that the UN Security Council renew UNITAD's mandate for one final year — with no possibility of extensio...

Transitional Justice in Iraq: Illusion or Reality? By Hussein Zainulabdeen | Independent Researcher — Iraqi Minority Rights | husseinmonitor.com Iraq has had 23 amnesties between 1975 and 2016. It has had dozens of prosecutions, multiple truth commissions, a special tribunal for Saddam Hussein, a Yazidi Survivors Law, and years of UNITAD investigations. It has received hundreds of UN recommendations on accountability and human rights reform. It has accepted most of them. And yet, for the survivors of Iraq's worst atrocities — the Yazidi genocide, the Turkmen massacres, the Christian displacement, the Shabak and Mandaean persecution — justice remains largely theoretical. Not coming soon. Not delayed. Theoretical. The question worth asking in 2024 is not whether Iraq has transitional justice mechanisms. It does. The question is whether those mechanisms have produced anything that survivors would recognize as justice. The Gap Between Law and Reality The Internat...

Kirkuk After the Agreement: Has the Conflict Really Ended? By Hussein Zainulabdeen | Independent Researcher — Iraqi Minority Rights | husseinmonitor.com Kirkuk has been called "an ethnic powder keg waiting to explode." In August and September 2023, it came closer to that explosion than at any point since 2017 — and the fuse was lit not by armed groups or foreign interference, but by a political decision made in Baghdad. When Prime Minister al-Sudani ordered Iraqi security forces to hand over a building in Kirkuk city to the Kurdistan Democratic Party, Arab and Turkmen residents took to the streets. Four Kurdish protesters were killed in the clashes that followed. Iraq's Supreme Court halted the handover. The crisis subsided — temporarily. But the underlying conflict did not end. It rarely does in Kirkuk. Why Kirkuk Is Different Kirkuk is not simply a contested city. It is a condensed version of Iraq's unresolved political identity — home to approx...

Sinjar: Ten Years After the Genocide — What Has Changed? By Hussein Zainulabdeen | Independent Researcher — Iraqi Minority Rights | husseinmonitor.com On August 3, 2014, ISIS launched a coordinated attack on Sinjar. Within days, approximately 5,000 Yazidi men had been executed. Around 6,800 women and children had been kidnapped and entered into a system of sexual slavery. The world watched, named it genocide, and promised that things would be different. Ten years later, the question is not whether things have changed. Some things have. The question is whether the change has been enough — and honest accounting of the answer is uncomfortable. What Has Changed The most significant change is the defeat of ISIS as a territorial entity. The group that controlled nearly a third of Iraq no longer holds Sinjar. Iraqi security forces, with international support, retook the city in November 2015. That is not nothing. For the survivors still alive, the immediate threat of ensl...

Born in Captivity: The Children ISIS Left Behind and the State That Refuses to Recognize Them By Hussein Zainulabdeen | Independent Researcher — Iraqi Minority Rights | husseinmonitor.com She was 24 years old, living in an overcrowded displacement camp in Sheikhan, Iraq, looking at pictures of her two children — a six-year-old boy and a four-year-old girl. It had been four months since she last saw them. To come home, she had left them behind. This is the impossible choice that Iraqi law imposes on Yazidi women who survived ISIS captivity and bore children during it: return to your community, or keep your children. The law does not allow both. The Legal Trap Under Iraq's National Card Law, a child born to one Muslim parent — even as a result of rape — must be registered as Muslim. For Yazidi women who were sexually enslaved by ISIS fighters, this means that any child born in captivity is automatically designated Muslim under Iraqi law, regardless of the mother...

Iraq's IDP Camps: Open Prisons for a Million People By Hussein Zainulabdeen | Independent Researcher — Iraqi Minority Rights | husseinmonitor.com Nearly a decade after ISIS swept through northern Iraq, approximately 1.2 million Iraqis remain internally displaced. Ninety percent of them have not been able to return home for more than three years. Seventy percent have been displaced for more than five years. These are not refugees fleeing a war that is still happening. They are people trapped — unable to go back, unable to move forward — in a limbo that the Iraqi government has decided to resolve not by fixing the conditions that make return impossible, but by closing the camps and calling the problem solved. The Scale of Displacement As of early 2023, more than 173,000 internally displaced persons were living in 26 formal camp locations across Iraq. Another 983,000 were living in urban settings — informal displacement that is harder to count and easier to ignore....